April 6, 2016

41.4.69

Background

The grievor accepted a deployment offer from City A to City B. The grievor was advised of the appointment two weeks prior to the start date.

The grievor relocated to a family member's residence and made the decision to delay the purchase of a residence at destination. The grievor was paid 30 days of Interim Accommodation, Meals and Miscellaneous Allowance (IAM&MA).

Grievance

The grievor is grieving the decision of the Employer to deny the 60-day interim accommodation due to short notice in accordance with Section 5.7 of the Directive.

Bargaining Agent Presentation

The Bargaining Agent representative noted that the grievor was not able to buy a residence at destination within the 30 days of IAM&MA. It was explained that due to short notice, the fact that it was around the holiday season, and that it was not possible to properly view the backyards of residences for sale due to the amount of snow, the grievor had to relocate to a family member's house as a temporary arrangement. The Bargaining Agent representative argued that the initial 30 days of IAM&MA was not sufficient and therefore, an additional 30 days should have been granted in accordance with Section 5.1 of the Directive.

The representative indicated that although the household goods and effects (HG&E) were moved to the city of destination, they were not accessible to the grievor as they were stored in the family member's house and remained unpacked until a residence was bought, 6 months later. As such, it is the Bargaining Agent representative's position that as the grievor did not have access to the HG&E and due to the fact that the relocation occurred under short notice and during the holidays, the grievor should have been provided with 60 days of interim accommodation.

Departmental Presentation

The Departmental representative submitted that the grievor made a personal decision and moved the HG&E when the relocation into the family member's home occurred. In accordance with subsection 5.3.2 of the Directive, the grievor was not separated from the HG&E and as such, no additional IAM&MA should be granted.

The representative also noted that the fact that the relocation was during the month of December does not prevent the grievor from finding a suitable accommodation at destination. As such, it is the Employer representative's position that the grievor was treated within the intent of the NJC Relocation Directive.

Executive Committee Decision

The Executive Committee considered and agreed with the report of the Relocation Committee which concluded that the grievor was treated within the intent of the NJC Relocation Directive. The Committee recognized that the grievor was required to relocate on short notice; however, noted that the move was completed within the 30 days of Interim Accommodation, Meals and Miscellaneous Allowance (IAM&MA). As such, the grievance is denied.